Monitoring of Human Rights in Electoral Context Side Event Program organized by Office of the High Commissioner for Human Rights (OHCHR) at GANHRI 2019 Annual Meeting 5 March,2019 in Palais des Nations, Geneva, Switzerland Justice Anup Raj Sharma Chairperson National Human Rights Commission Nepal
Introduction • The legitimacy of any government should be established by the expressed will of the people . • A free and fair election could be the beginning points toward the establishment of democracy as well as rule of law. • States periodic elections are the key factor to form a democratic government which in turn protects and respects of human rights . • It is a good practice in monitoring of human right in Electoral Process.
Mandate and Democratic Norms • Periodic election is the foundation of rule of law and human rights. • The importance of elections is acknowledged in preamble of the Constitution of Nepal, 2015 • Constitutional and Legal mandate to NHRC • International Treaty and Conventions • MOU between NHRC Nepal and Election Commission, Nepal .
Special Appeal of NHRC Appeal to all stakeholders to ensure fair, independent and impartial manner, free of terror and to respect and protect the civil and political rights of citizens of Nepal.
Special Appeal of NHRC Appeals to the Government of Nepal to allow political party to carry out campaign activities and for the electorate to exercise their vote. Appeal to Political Parties to respect the rights to freedom of expression and opinion guaranteed by the constitution.
Special Appeal of NHRC • Appeals to Election Commission of Nepal to follow and fully execute the Election Code Conduct and to promptly call attention to and use the legal system to prosecute any party or candidate who violate the code of conduct.
Special Appeal of NHRC • Appeals to All the organizers involve in monitoring the election to conduct the free and impartial monitoring . • Appeals to all the people and voters to be aware of their own rights use the voting rights without any fear .
Activities executed by the Commission Discussion and interaction with the stakeholders, Monitoring teams Formation and mobilization, Press Statement/Press Conference/ Special Appeal, Publication and Dissemination of Election materials,
Continue………. • Developed Monitoring Checklist on Pre Election, During Election and Post Election, • Monitored 77 districts through NHRC Officers, • Published Reports , Submitted to Nepal, • Government and Election Commission, • MOU between NHRC and Election Commission,
Challenges • Challenges on Accessibilities to person with disabilities, pregnant women, senior citizen and sick people. • Deprived from voting rights people living abroad(migrant workers) conflict victims displaced people, People in police custody etc. • Geographic Challenges, Transportation, • Infrastructure : School buildings were used
Recommendation and Suggestions Recommendations and Suggestions To the Nepal Government To the Election Commission To the Political Parties and Candidates To the Election Observers, Observing Organizations and Human Rights Activists To the Journalists
Recommendations and Suggestions To the Nepal Government • To amend laws, ensure the right to vote of the elderly citizens, lactating mothers, women and voters with disabilities by facilitating transportation. • Friendly location while determining polling centres and make all the existing polling centres disabled friendly. • Free and fair atmosphere for Candidate .
Recommendations and Suggestions To the Election Commission • To make sufficient and effective voter education, • To make timely arrangement for production and dissemination of voter education materials, • To make the code of conduct monitoring mechanism more effective, • Make necessary arrangement for transportation to lactating mother,
Recommendations and Suggestions • To the Election Commission • Make effective arrangement of drinking water, toilet and first aid in the polling centers. • To establish polling centers in locations that are easily accessible to the voters.
Recommendations and Suggestions To the Political Parties and Candidates: • Follow, democratic Values and norms of human rights by including them in election manifestos, maintain peace and order. • Not to use children in election campaigning including rallies and mass meetings. • Follow democratic values and norms without creating conflicts maintain peace and order.
Recommendations and Suggestions To the Journalists: • Publish and publicize voters’ education with importance, • Give high priority to the topic of election code of conduct, • Publish/broadcast and ensure, publishing/broadcasting of news, materials related to elections from the perspective of human rights, • Respect election code of conduct,
Recommendations and Suggestions • To the Election Observers, Observing Organizations and Human Rights Activists: • Arrangements for providing compulsory training and orientations to the observers before their deployment. • Minute observation of human rights violations and atrocities during the elections and make them public.
Recommendations and Suggestions • Coordinate with other observers and organizations . • Develop coordinated program in consultation with other related organizations for collaboration, in order to make the monitoring. • More coordinated, and Ensure that the observers reach every voting center and if possible, divide time in a way that there is at least one observer present all the time.
!! Thank you !!
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